Chap. 79.—An ACT to Empower the Circuit Court of Wise County to
Direct the Sale of certain Lands belonging to the State of Virginia,
situated in said County of Wise, and Providing for the Conveyance of
the same to the Purchasers thereof, and for other purposes.

Approved February 15, 1873.

Whereas, in the year of seventeen hundred and ninety-one,
there was, under an act of assembly of seventeen hundred and
ninety-one, advanced by the treasurer of this state, to De Tu-
beuf and other French immigrants, the sum of six hundred
pounds sterling, payment of which was secured to the state by
mortgage on certain lands belonging to said De Tubeuf and
others, situate in Russell county as it was then, now Wise,
which said mortgage has been foreclosed and said lands and
the title thereto vested in this commonwealth; and whereas,
Isaac B. Dunn, heretofore appointed a commissioner, on the
part of the state of Virginia, to sell said lands and collect the
proceeds arising from the sales thereof, did sell a part of said
lands to various persons without conveying the same to said
purchasers, and in the great conflagration which swept over a
part of the city of Richmond in the year eighteen hundred and
sixty-five, the office in which the papers relating to said lands
were filed was consumed ; and whereas, the said Dunn, as com-
missioner as aforesaid, has not made final settlement with the
auditor of public accounts, and there is no proof as to whether
said Dunn can convey said lands, for and on the part of the
commonwealth, to the purchasers, and some of said lands have
not been sold, and are in their present state wholly worthless
to the state; therefore, .

1. Be it enacted by the general assembly of Virginia, That
the circuit court of Wise county, Virginia, shall, as soon as
practicable, appoint such comrfissioners as it may deem proper
to act for and on the part of the state of Virginia as hereinafter
directed.

2. The said commissioners shall take and subscribe before
the clerk of said court an oath to faithfully and honestly per-
form the duties assigned them under this act.

3. After the said commissioners have taken and subscribed the
oath aforesaid, they shall, after due notice posted on the front
door of the court-house of Wise county, Virginia, and in three
conspicuous places in said county, and also published for four
weeks in some newspaper having a general circulation in said
county, setting out the time, object and place of meeting, and,
after having notified the said Isaac B. Dunn and all others
known to be personally interested as aforesaid, shall proceed,
at the court-house of Wise county, first, to ascertain as near as
practicable the amount of lands owned by the state of Virginia
in said county of the De Tubeuf tract, or survey, as aforesaid,
before any sales were made; second, how much of said lands
has been sold, and the price contracted to be paid therefor;
third, how much of the purchase price has been actually paid
to said commissioner or other competent authority, and how
much yet remains due, with the interest thereon; fourth, how
much of said lands remain yet unsold, and its present value,
estimated on sales upon a credit of one, two and three years ;
fifth, the amounts collected, and the amounts paid into the
treasury, by Isaac B. Dunn, former commissioner.

4. Said commissioners shall make a report to said court of
the matters and things hereinbefore required of them under the
third section of this act, or required by said court, for the
inspection, examination and action of said court, which shall
have full power, if deemed necessary, to recommit the same,
with instructions to report more fully or upon any additional
matters deemed pertinent by the court. Said report shall be
filed in open court, and remain in the clerk’s office thereof
until the next succeeding term, and be open to the inspection
and liable to the exceptions of any interested party. At the
first succeeding term, or as soon as practicable, the said court
shall confirm or recommit said report, and proceed to make
such other order as the court deems proper in the premises.
Any action of the court in overruling or confirming exceptions
to said report may be excepted to in writing, and the party
excepting shall have the same right of appeal as in other cases
where the state is not interested.

5. When proceedings are comvleted under the first, second,
third and fourth sections of this act, the court shall designate
one of said commissioners, who shall proceed at once, on the
part of the state, to convey by deed with special warranty, the
lands so sold as aforesaid, where the purchase money has been
fully paid by the purchaser to the proper authority, as shown
by the report of the said commissioners, and confirmed by said
court. The conveyance shall be to the original pnrchaser or
his heirs, his assignees or their heirs, his vendees or their
heirs, as the case may be.

6. Where said purchase money, or any part thereof, has not
been paid, the said commissioner shall proceed to re-sell, unless
the same be paid within a given time allowed by the court, on
such time and terms as the court may direct, so much of said
lands as will pay the residue of the purchase money and
interest thereon; and to sell, as the court may direct, such
lands as have not been sold.

7. When the purchase money on the sales of lands herein
authorized shall fall due, said commissioner shall proceed to
collect the same, and pay over at once to the auditor of public
accounts; and when fully paid, he shall convey said land, as
hereinbefore directed in section five, for the conveyances
therein named.
8. Before the commissioners of sale shall make any sales as
herein authorized, or collect any money due on the sales here-
inbefore directed to be made, he shall enter into bond, with
security deemed good by said court, in a penalty double the
amount to be collected by him, conditioned to account for and
pay over all sums received by him on the sales aforesaid to the
auditor of public accounts.

9. The costs shall be taxed by said court in an order entered
of record, showing the sums allowed witnesses, if any, and
other necessary expenses; and said commissioners shall be
allowed a reasonable compensation for their services by said
court, which, when certified by said court to the auditor of
public accounts, together with the other expenses incurred under
this act, shall be paid by said auditor out of any money in the
treasury received under the provisions of this act.

10. Deeds executed under this act shall serve to pass the
state’s entire interest therein, and vest the same fully in the
grantee.

11. The said commissioners shall have the same powers as
commissioners in chancery to summon witnesses to appear be-
fore them, and may employ a surveyor, if deemed necessary,
and require said Dunn to produce any papers in his possession
relating to said lands.

12. This act shall be in force from its passage.